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M-19.2, r. 6 - Regulation respecting the implementation of the Memorandum of Agreement on Social Security for Students and Participants in Cooperation Programs between the Gouvernement du Québec and the Government of the French Republic

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SCHEDULE II
(s. 2)
ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE MEMORANDUM OF AGREEMENT ON SOCIAL SECURITY FOR STUDENTS AND PARTICIPANTS IN COOPERATION PROGRAMS SIGNED ON 19 DECEMBER 1998
BETWEEN
THE GOUVERNEMENT DU QUÉBEC
AND
THE GOVERNMENT OF THE FRENCH REPUBLIC
Resolved to implement the Memorandum of Agreement on Social Security for Students and Participants in Cooperation Programs signed on 19 December 1998 between the Gouvernement du Québec and the Government of the French Republic, and thereby facilitate exchanges between Québec and France, the competent authorities represented by
For Québec:
Yves chagnon, Director, Direction des équivalences et des ententes de sécurité sociale, Ministère des Relations avec les citoyens et de l’Immigration,
For France:
Jean-Louis Rey, head of the Division des affaires européennes et internationales, Direction de la sécurité sociale, Ministère de l’Emploi et de la Solidarité,
Louis Ranvier, responsible for international matters, Direction des exploitations, de la politique sociale et de l’emploi, Ministère de l’Agriculture et de la Pêche,
have agreed to the following provisions:
ARTICLE 1
DEFINITIONS
In this Administrative Arrangement,
(a) the term “Agreement” means the Memorandum of Agreement on Social Security for Students and Participants in Cooperation Programs between the Gouvernement du Québec and the Government of the French Republic, signed at Québec on 19 December 1998; (Protocole)
(b) other terms shall have the meaning assigned to them in Article 1 of the Agreement.
ARTICLE 2
STUDIES
For the purposes of Articles 4, 5 and 12 of the Agreement, the following persons are deemed to be pursuing studies:
(a) in France, persons enrolled at institutions of higher learning: universities, grands établissements, engineering schools, business schools, grandes écoles, preparatory courses for those schools (classes préparatoires), special technology college departments (Sections de techniciens supérieurs), recognized by the minister or ministers responsible for higher learning, as well as persons enrolled in première or terminale of secondary school (lycée) and private educational institutions under contract which prepare for the general or technological baccalauréat;
(b) in Québec, persons enrolled full time in a program leading to a diploma in an educational institution at the college or university level recognized by the department responsible for higher learning;
(c) in Québec and in France, persons enrolled at an abovementioned institution of higher learning, college or university in the territory of one Party and who, under an exchange program between educational institutions, undertake part of their studies for a period less than or equal to an academic year in the territory of the other Party.
ARTICLE 3
HEALTH CARE FOR STUDENTS PURSUING STUDIES IN THE TERRITORY OF THE OTHER PARTY
(1) Québec students referred to in paragraph 1 of Article 4 of the Agreement shall, before leaving Québec, apply to the Régie de l’assurance-maladie du Québec (RAMQ) for a form attesting to their entitlement and the entitlement of their dependants under the Québec social security system. The form shall be renewed yearly.
Upon their arrival in France, they shall submit the form to and register with the Caisse primaire d’assurance maladie (CPAM) of their place of residence.
(2) French students referred to in paragraph 2 of Article 4 of the Agreement shall, before leaving France, apply to their Caisse d’assurance maladie for a form attesting to their current status as an insured person or dependant of an insured person and that of any dependant accompanying them.
Upon their arrival in Québec, they shall register with the RAMQ by submitting the said form, together with the certificate of acceptance for study issued by the Ministère des Relations avec les citoyens et de l’Immigration, proof of their French nationality and an attestation that they are enrolled in full-time studies.
The registration covers participation in the prescription drug insurance plan without payment of a premium.
Periodically, and at least once a year, the RAMQ shall ensure that the persons in question are still enrolled as full-time students, have not interrupted their studies, and that the dependants indicated on the initial form are still living with them.
The RAMQ shall notify the French liaison agency of any change relating to dependants, including the arrival of a new dependant.
(3) For the purposes of paragraph 3 of Article 4 of the Agreement,
(a) the unpaid training period shall not last longer than six months;
(b) the reimbursement provided for shall be made
— by the Québec institution, according to the rates applicable to Québec residents who reside temporarily outside Québec for their studies,
— by the French institution, according to the tariffs applicable to the payment of costs for care received abroad by persons insured under the French plan.
ARTICLE 4
HEALTH CARE FOR STUDENTS TAKING PART IN EXCHANGES BETWEEN INSTITUTIONS OF HIGHER LEARNING AND FOR STUDENTS SERVING A REQUIRED TRAINING PERIOD AS PART OF THEIR STUDIES
(1) For the purposes of paragraph 4 of Article 4 of the Agreement, the students in question shall apply to their own institution for the issuance of a form attesting to their entitlement to benefits which shall be submitted to the RAMQ in Québec or to the CPAM in France in order to obtain health care coverage.
If the form cannot be submitted, the institution that is to provide the benefits, or the student in question, shall apply to the competent institution of the other Party for the issuance of the form.
The name and address of the agency insuring the student or trainee against industrial accidents and occupational diseases must appear on the form referred to in the first paragraph.
In the event of such an accident or disease, that agency shall be notified in order to confirm acceptance.
(2) For the purposes of paragraph 5 of Article 4 of the Agreement, the students in question shall apply to their own institution for the issuance of a form attesting to their participation in an interuniversity exchange program and their entitlement to benefits which shall be used for registration with the RAMQ or the CPAM, as the case may be, in order to obtain coverage for benefits in kind. French students in Québec shall also submit a certificate of acceptance issued by the Ministère des Relations avec les citoyens et de l’Immigration.
ARTICLE 5
HEALTH CARE FOR STUDENTS DURING TEMPORARY STAYS OUTSIDE QUÉBEC
For the purposes of Article 5 of the Agreement, French nationals returning to Québec shall apply for reimbursement on the form provided for that purpose by the RAMQ, which shall reimburse the cost of health care received outside Québec
(a) where the students stayed in France, at the rates applicable to Québec residents who reside temporarily outside Québec for their studies,
(b) where the students stayed in a territory outside the territories of the Parties, at the rates applicable to residents who holiday outside Québec.
Such reimbursements shall be made only for care received during the period of the authorized temporary residence for studies in Québec.
ARTICLE 6
FRANCE-QUÉBEC COOPERATION PROGRAMS
For the purposes of Articles 6 to 9 of the Agreement, France-Québec cooperation programs refer to the following exchange programs between France and Québec:
— Commission permanente de coopération franco-québécoise;
— Office Franco-Québecois pour la Jeunesse;
— Association Québec-France and Association France-Québec;
— Association pour la coopération technique, industrielle et économique (ACTIM); and
any other agency authorized for that purpose by both governments.
ARTICLE 7
DEFINITION OF UNPAID TRAINING PERIODS FOR THE FRENCH PARTY
Training periods completed in France by Québec trainees or training periods completed in Québec by French trainees for which compensation of no more than one thousand Canadian dollars or its equivalent is granted for accommodation and living expenses shall be deemed by the French Party to be unpaid training periods and, as such, shall exempt the persons in question from participating in the corresponding social security plan and paying the related contributions and premiums.
ARTICLE 8
TRAINEE CATEGORIES
For the purposes of Article 8 of the Agreement, the following are the trainee categories referred to therein:
— trainees taking part in Office Franco-Québecois pour la Jeunesse (OFQJ) activities undergoing on-the-job training as part of their study program;
— participants in OFQJ activities serving a training period under the training and work program.
ARTICLE 9
HEALTH CARE FOR PARTICIPANTS IN FRANCE-QUÉBEC COOPERATION PROGRAMS
(1) For the purposes of Article 6 of the Agreement, government employees shall apply to their own institution for the issuance of a form attesting to their entitlement to benefits. The form shall be submitted to the RAMQ in Québec or to the CPAM in France in order to obtain health care coverage.
The same procedure shall be followed by the unpaid trainees referred to in Article 8 of the Agreement.
If the form cannot be submitted, the institution that is to provide the benefits, or the person in question, shall apply to the competent institution of the other Party for the issuance of the form.
(2) For the purposes of Article 9 of the Agreement, the specific social security coverage for the Québec trainees in question shall be provided by the Centre international des étudiants et stagiaires (CIES).
ARTICLE 10
PERIOD OF COVERAGE
Where Article 4 and paragraph 1 of Article 9 of this Arrangement apply, the period during which benefits may be provided shall be the period indicated on the forms referred to in those articles, except where the period has been extended under Article 10 of the Agreement.
Notwithstanding the foregoing, where the person in question was unable, before his return to the territory of the competent Party, to apply to the institution of the other Party for reimbursement of the costs incurred during the period of validity of the said forms, the person may apply to the latter Party for reimbursement.
ARTICLE 11
PROCEDURE FOR AN EXTENSION OF ENTITLEMENT
Persons referred to in Article 10 of the Agreement shall apply to the institution providing the benefits to obtain an extension of benefits beyond the time initially specified. Should the institution providing the benefits not receive an application for extension before the end of the specified term, it may grant the extension retroactively. If it agrees to do so, the institution shall notify the liaison agency for France and the competent institution for Québec.
ARTICLE 12
INDUSTRIAL ACCIDENT OR OCCUPATIONAL DISEASE VICTIMS
(1) For the purposes of Articles 12 and 13 of the Agreement:
(a) with respect to the competent institution,
— the Commission de la santé et de la sécurité du travail (CSST) shall be the Québec institution;
— the Caisse de sécurité sociale to which the educational institution is attached shall be the French institution;
(b) with respect to the institution of the place of residence,
— the Commission de la santé et de la sécurité du travail (CSST) shall be the Québec institution; and
— the Caisse primaire d’assurance maladie where the training period is served shall be the French institution.
(2) Persons referred to in Article 13 of the Agreement who transfer their residence shall apply to the competent institution for an attestation of continuance of entitlement to benefits in the territory of their new residence. The institution of the place of residence may also apply to the competent institution for the attestation. Any limit to the period of coverage must be indicated on the attestation.
ARTICLE 13
REIMBURSEMENT BETWEEN INSTITUTIONS
(1) Benefits in kind provided by the institution of one Party on behalf of the institution of the other Party, for the purposes of Articles 4, 5, 6, 8, 10, 12, paragraph 2, and 13 of the Agreement, shall be reimbursed on the basis of real costs incurred by the institution of the first Party according to the individual statements of expenses that it submits. Notwithstanding the foregoing, with respect to hospitalization expenses in Québec, reimbursement shall be made on the basis of average costs.
(2) Where the French institution provides the benefits, the liaison agency shall consolidate the said individual statements of expenses every six months.
Liaison agencies shall send each other the individual statements of expenses every year, together with a summary report.
(3) Each affiliated or competent institution, as the case may be, shall pay the amounts owed to the other affiliated or competent institution within six months following the date the individual statements of expenses and the summary report are received.
(4) The competent authorities of both parties may establish mutually acceptable alternative reimbursement bases to those provided under this Article.
ARTICLE 14
LIAISON AGENCIES
Each Party has designated the following liaison agencies:
(a) in Québec, the Direction des équivalences et des ententes de sécurité sociale of the Ministère des Relations avec les citoyens et de l’Immigration;
(b) in France, the Centre de sécurité sociale des travailleurs migrants.
ARTICLE 15
PROTECTION OF PRIVACY
Any information provided by either Party shall be used solely for the purposes of implementing the provisions of the Agreement.
ARTICLE 16
FORMS
Model forms required to implement the procedures and formalities shall appear as schedules to a supplementary administrative arrangement.
ARTICLE 17
COMING INTO FORCE
(1) This Administrative Arrangement comes into force on the same date as the Agreement.
(2) This Administrative Arrangement revokes and replaces the Administrative Arrangement respecting the Detailed Application of the Protocol of Agreement Signed June 2, 1986 by the Gouvernement du Québec and the Gouvernement de la République Française regarding Social Security for Student and Cooperation Program Participants, signed at Paris on 4 June 1986.
Done in duplicate at Montréal, on 21 December 1998.
For the Québec Party: For the French Party:
____________________ ____________________
YVES CHAGON JEAN-LOUIS REY
_____________________
LOUIS RANVIER
O.C. 705-2000.
From 1 January 2016, in accordance with section 237 of chapter 15 of the statutes of 2015, the words «Commission de la santé et de la sécurité du travail» mean in this Regulation «Commission des normes, de l’équité, de la santé et de la sécurité du travail»
SCHEDULE II
(s. 2)
ADMINISTRATIVE ARRANGEMENT FOR THE IMPLEMENTATION OF THE MEMORANDUM OF AGREEMENT ON SOCIAL SECURITY FOR STUDENTS AND PARTICIPANTS IN COOPERATION PROGRAMS SIGNED ON 19 DECEMBER 1998
BETWEEN
THE GOUVERNEMENT DU QUÉBEC
AND
THE GOVERNMENT OF THE FRENCH REPUBLIC
Resolved to implement the Memorandum of Agreement on Social Security for Students and Participants in Cooperation Programs signed on 19 December 1998 between the Gouvernement du Québec and the Government of the French Republic, and thereby facilitate exchanges between Québec and France, the competent authorities represented by
For Québec:
Yves chagnon, Director, Direction des équivalences et des ententes de sécurité sociale, Ministère des Relations avec les citoyens et de l’Immigration,
For France:
Jean-Louis Rey, head of the Division des affaires européennes et internationales, Direction de la sécurité sociale, Ministère de l’Emploi et de la Solidarité,
Louis Ranvier, responsible for international matters, Direction des exploitations, de la politique sociale et de l’emploi, Ministère de l’Agriculture et de la Pêche,
have agreed to the following provisions:
ARTICLE 1
DEFINITIONS
In this Administrative Arrangement,
(a) the term “Agreement” means the Memorandum of Agreement on Social Security for Students and Participants in Cooperation Programs between the Gouvernement du Québec and the Government of the French Republic, signed at Québec on 19 December 1998; (Protocole)
(b) other terms shall have the meaning assigned to them in Article 1 of the Agreement.
ARTICLE 2
STUDIES
For the purposes of Articles 4, 5 and 12 of the Agreement, the following persons are deemed to be pursuing studies:
(a) in France, persons enrolled at institutions of higher learning: universities, grands établissements, engineering schools, business schools, grandes écoles, preparatory courses for those schools (classes préparatoires), special technology college departments (Sections de techniciens supérieurs), recognized by the minister or ministers responsible for higher learning, as well as persons enrolled in première or terminale of secondary school (lycée) and private educational institutions under contract which prepare for the general or technological baccalauréat;
(b) in Québec, persons enrolled full time in a program leading to a diploma in an educational institution at the college or university level recognized by the department responsible for higher learning;
(c) in Québec and in France, persons enrolled at an abovementioned institution of higher learning, college or university in the territory of one Party and who, under an exchange program between educational institutions, undertake part of their studies for a period less than or equal to an academic year in the territory of the other Party.
ARTICLE 3
HEALTH CARE FOR STUDENTS PURSUING STUDIES IN THE TERRITORY OF THE OTHER PARTY
(1) Québec students referred to in paragraph 1 of Article 4 of the Agreement shall, before leaving Québec, apply to the Régie de l’assurance-maladie du Québec (RAMQ) for a form attesting to their entitlement and the entitlement of their dependants under the Québec social security system. The form shall be renewed yearly.
Upon their arrival in France, they shall submit the form to and register with the Caisse primaire d’assurance maladie (CPAM) of their place of residence.
(2) French students referred to in paragraph 2 of Article 4 of the Agreement shall, before leaving France, apply to their Caisse d’assurance maladie for a form attesting to their current status as an insured person or dependant of an insured person and that of any dependant accompanying them.
Upon their arrival in Québec, they shall register with the RAMQ by submitting the said form, together with the certificate of acceptance for study issued by the Ministère des Relations avec les citoyens et de l’Immigration, proof of their French nationality and an attestation that they are enrolled in full-time studies.
The registration covers participation in the prescription drug insurance plan without payment of a premium.
Periodically, and at least once a year, the RAMQ shall ensure that the persons in question are still enrolled as full-time students, have not interrupted their studies, and that the dependants indicated on the initial form are still living with them.
The RAMQ shall notify the French liaison agency of any change relating to dependants, including the arrival of a new dependant.
(3) For the purposes of paragraph 3 of Article 4 of the Agreement,
(a) the unpaid training period shall not last longer than six months;
(b) the reimbursement provided for shall be made
— by the Québec institution, according to the rates applicable to Québec residents who reside temporarily outside Québec for their studies,
— by the French institution, according to the tariffs applicable to the payment of costs for care received abroad by persons insured under the French plan.
ARTICLE 4
HEALTH CARE FOR STUDENTS TAKING PART IN EXCHANGES BETWEEN INSTITUTIONS OF HIGHER LEARNING AND FOR STUDENTS SERVING A REQUIRED TRAINING PERIOD AS PART OF THEIR STUDIES
(1) For the purposes of paragraph 4 of Article 4 of the Agreement, the students in question shall apply to their own institution for the issuance of a form attesting to their entitlement to benefits which shall be submitted to the RAMQ in Québec or to the CPAM in France in order to obtain health care coverage.
If the form cannot be submitted, the institution that is to provide the benefits, or the student in question, shall apply to the competent institution of the other Party for the issuance of the form.
The name and address of the agency insuring the student or trainee against industrial accidents and occupational diseases must appear on the form referred to in the first paragraph.
In the event of such an accident or disease, that agency shall be notified in order to confirm acceptance.
(2) For the purposes of paragraph 5 of Article 4 of the Agreement, the students in question shall apply to their own institution for the issuance of a form attesting to their participation in an interuniversity exchange program and their entitlement to benefits which shall be used for registration with the RAMQ or the CPAM, as the case may be, in order to obtain coverage for benefits in kind. French students in Québec shall also submit a certificate of acceptance issued by the Ministère des Relations avec les citoyens et de l’Immigration.
ARTICLE 5
HEALTH CARE FOR STUDENTS DURING TEMPORARY STAYS OUTSIDE QUÉBEC
For the purposes of Article 5 of the Agreement, French nationals returning to Québec shall apply for reimbursement on the form provided for that purpose by the RAMQ, which shall reimburse the cost of health care received outside Québec
(a) where the students stayed in France, at the rates applicable to Québec residents who reside temporarily outside Québec for their studies,
(b) where the students stayed in a territory outside the territories of the Parties, at the rates applicable to residents who holiday outside Québec.
Such reimbursements shall be made only for care received during the period of the authorized temporary residence for studies in Québec.
ARTICLE 6
FRANCE-QUÉBEC COOPERATION PROGRAMS
For the purposes of Articles 6 to 9 of the Agreement, France-Québec cooperation programs refer to the following exchange programs between France and Québec:
— Commission permanente de coopération franco-québécoise;
— Office Franco-Québecois pour la Jeunesse;
— Association Québec-France and Association France-Québec;
— Association pour la coopération technique, industrielle et économique (ACTIM); and
any other agency authorized for that purpose by both governments.
ARTICLE 7
DEFINITION OF UNPAID TRAINING PERIODS FOR THE FRENCH PARTY
Training periods completed in France by Québec trainees or training periods completed in Québec by French trainees for which compensation of no more than one thousand Canadian dollars or its equivalent is granted for accommodation and living expenses shall be deemed by the French Party to be unpaid training periods and, as such, shall exempt the persons in question from participating in the corresponding social security plan and paying the related contributions and premiums.
ARTICLE 8
TRAINEE CATEGORIES
For the purposes of Article 8 of the Agreement, the following are the trainee categories referred to therein:
— trainees taking part in Office Franco-Québecois pour la Jeunesse (OFQJ) activities undergoing on-the-job training as part of their study program;
— participants in OFQJ activities serving a training period under the training and work program.
ARTICLE 9
HEALTH CARE FOR PARTICIPANTS IN FRANCE-QUÉBEC COOPERATION PROGRAMS
(1) For the purposes of Article 6 of the Agreement, government employees shall apply to their own institution for the issuance of a form attesting to their entitlement to benefits. The form shall be submitted to the RAMQ in Québec or to the CPAM in France in order to obtain health care coverage.
The same procedure shall be followed by the unpaid trainees referred to in Article 8 of the Agreement.
If the form cannot be submitted, the institution that is to provide the benefits, or the person in question, shall apply to the competent institution of the other Party for the issuance of the form.
(2) For the purposes of Article 9 of the Agreement, the specific social security coverage for the Québec trainees in question shall be provided by the Centre international des étudiants et stagiaires (CIES).
ARTICLE 10
PERIOD OF COVERAGE
Where Article 4 and paragraph 1 of Article 9 of this Arrangement apply, the period during which benefits may be provided shall be the period indicated on the forms referred to in those articles, except where the period has been extended under Article 10 of the Agreement.
Notwithstanding the foregoing, where the person in question was unable, before his return to the territory of the competent Party, to apply to the institution of the other Party for reimbursement of the costs incurred during the period of validity of the said forms, the person may apply to the latter Party for reimbursement.
ARTICLE 11
PROCEDURE FOR AN EXTENSION OF ENTITLEMENT
Persons referred to in Article 10 of the Agreement shall apply to the institution providing the benefits to obtain an extension of benefits beyond the time initially specified. Should the institution providing the benefits not receive an application for extension before the end of the specified term, it may grant the extension retroactively. If it agrees to do so, the institution shall notify the liaison agency for France and the competent institution for Québec.
ARTICLE 12
INDUSTRIAL ACCIDENT OR OCCUPATIONAL DISEASE VICTIMS
(1) For the purposes of Articles 12 and 13 of the Agreement:
(a) with respect to the competent institution,
— the Commission de la santé et de la sécurité du travail (CSST) shall be the Québec institution;
— the Caisse de sécurité sociale to which the educational institution is attached shall be the French institution;
(b) with respect to the institution of the place of residence,
— the Commission de la santé et de la sécurité du travail (CSST) shall be the Québec institution; and
— the Caisse primaire d’assurance maladie where the training period is served shall be the French institution.
(2) Persons referred to in Article 13 of the Agreement who transfer their residence shall apply to the competent institution for an attestation of continuance of entitlement to benefits in the territory of their new residence. The institution of the place of residence may also apply to the competent institution for the attestation. Any limit to the period of coverage must be indicated on the attestation.
ARTICLE 13
REIMBURSEMENT BETWEEN INSTITUTIONS
(1) Benefits in kind provided by the institution of one Party on behalf of the institution of the other Party, for the purposes of Articles 4, 5, 6, 8, 10, 12, paragraph 2, and 13 of the Agreement, shall be reimbursed on the basis of real costs incurred by the institution of the first Party according to the individual statements of expenses that it submits. Notwithstanding the foregoing, with respect to hospitalization expenses in Québec, reimbursement shall be made on the basis of average costs.
(2) Where the French institution provides the benefits, the liaison agency shall consolidate the said individual statements of expenses every six months.
Liaison agencies shall send each other the individual statements of expenses every year, together with a summary report.
(3) Each affiliated or competent institution, as the case may be, shall pay the amounts owed to the other affiliated or competent institution within six months following the date the individual statements of expenses and the summary report are received.
(4) The competent authorities of both parties may establish mutually acceptable alternative reimbursement bases to those provided under this Article.
ARTICLE 14
LIAISON AGENCIES
Each Party has designated the following liaison agencies:
(a) in Québec, the Direction des équivalences et des ententes de sécurité sociale of the Ministère des Relations avec les citoyens et de l’Immigration;
(b) in France, the Centre de sécurité sociale des travailleurs migrants.
ARTICLE 15
PROTECTION OF PRIVACY
Any information provided by either Party shall be used solely for the purposes of implementing the provisions of the Agreement.
ARTICLE 16
FORMS
Model forms required to implement the procedures and formalities shall appear as schedules to a supplementary administrative arrangement.
ARTICLE 17
COMING INTO FORCE
(1) This Administrative Arrangement comes into force on the same date as the Agreement.
(2) This Administrative Arrangement revokes and replaces the Administrative Arrangement respecting the Detailed Application of the Protocol of Agreement Signed June 2, 1986 by the Gouvernement du Québec and the Gouvernement de la République Française regarding Social Security for Student and Cooperation Program Participants, signed at Paris on 4 June 1986.
Done in duplicate at Montréal, on 21 December 1998.
For the Québec Party: For the French Party:
____________________ ____________________
YVES CHAGON JEAN-LOUIS REY
_____________________
LOUIS RANVIER
O.C. 705-2000.
© Gouvernement du Québec